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Abstract

During the past twelve years, several articles in this Review have discussed practice and procedure before the Nebraska State Railway Commission by surveying the procedural framework and organization of the Commission, by analyzing the Rules of Practice and Procedure adopted in 1950, and by presenting and solving some of the specific problems facing an attorney in preparing and presenting his case before the Commission. Since this topic was last presented, however, significant statutory additions, revisions of the Commission's rules of practice, and Supreme Court opinions have altered procedure before the Commission. The 1959 Session of the Legislature passed L.B. 362, commonly referred to as the "Administrative Procedure Act." Contemporaneously with this legislation, and consistent with the existent statutory provisions, the Commission began the task of revising all of its existing rules and regulations to include the Rules of Practice and Procedure. After a public hearing on the proposals, these rules were enacted by the Commission, Rule and Regulation Order Number 2, approved by the Attorney General, and filed with the Secretary of State," thereby becoming official on August 3, 1960. With the exception of the theory of composition, which follows the introduction, the organization of this article consists of a rule-by-rule analysis and explanation of the Commission's new Rules of Practice and Procedure and a discussion of recent Supreme Court decisions as applicable. It is hoped that the remarks made in connection with the particular section of the rules show the history and intention behind each rule and furnish a guide to their interpretation.